Jersey Unreported Judgments

[2006]JRC053

ROYAL COURT

(Samedi Division)

31^st March 2006

The Attorney General

-v-

Zac Christopher Oeillet

Sentencing by the Inferior Number of the Royal Court, after a breach of probation imposed on:

First Indictment

Second Indictment

Age:  31.

Plea: Guilty.

Details of Offence:

In June 2005, Oeillet was prosecuted in the Magistrate's Court for a break and entry and larceny at St Clement's sports club, together with his driving of a car without permission and without insurance.  He received a 12 month Probation Order and Community Service Order.

In September, 2005 he was re-arrested for larceny of a watch worth £84.40 from Le Lai Jewellers (First Indictment).  This offence put him in breach of the earlier Probation Order.

Although he pleaded guilty to the larceny in the Magistrate's Court, he subsequently failed to appear for indictment in the Royal Court.  By the time Oeillet was re-arrested in 2006, the Police had identified a further break and entry and larceny charge that had occurred in February, 2005, involving another break in at St Clement's sports Club.  On that occasion the value of items stolen and damaged cause by Oeillet was £420.00 (Second Indictment).

Oeillet subsequently pleaded guilty to both charges, and was also sentenced in relation to the offences which had given rise to the earlier (breached) Probation Order.

Details of Mitigation:

Guilty pleas, delay in bringing charge on Second Indictment.

Previous Convictions:

13 previous convictions comprising 35 offences. Including previous illegal entry offences and larceny convictions.

Conclusions:

First Indictment

3 months' imprisonment.

Second Indictment

18 months' imprisonment, consecutive.

Breach of Probation:  12 months' imprisonment, concurrent to Second Indictment but consecutive to First Indictment.

Total 18 months' imprisonment.

Sentence and Observations of Court:

Conclusions granted.

Mrs S. Sharp, Crown Advocate.

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        [beginning not recorded}....disturbing.  You are assessed as being at a high risk of re-offending.  Although the Probation Report is as constructive as it can possibly be there is in our view little hope of your willingness to comply with supervision.

2.        You have a completely relaxed view to authority, and your criminal record speaks for itself.  We are going to follow the conclusions of the Crown. 

3.        On the First Indictment you will serve 3 months' imprisonment, on the Second Indictment, 18 months' imprisonment, that is consecutive, and for the breach of probation each count runs concurrently with the other and we have in mind the totality principle concurrent with the Second Indictment, but consecutive with the First Indictment.  So breaking and entering and larceny, 12 months' imprisonment, taking and driving away, 12 months' imprisonment; driving without insurance, 12 months' imprisonment; that is a total of 21 months' imprisonment, and the only person to blame is yourself.  All the other outstanding orders are discharged.

No Authorities